UNION OF INDIA AND OTHERS versus COL. (TS) P. D. POONEKAR

Citation: [2018] 14 S.C.R. 1268 · Decided: 07-12-2018 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
1268                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
UNION OF INDIA AND OTHERS
v.
COL. (TS) P. D. POONEKAR
(Civil Appeal No. 8379 of 2014)
DECEMBER 07, 2018
[DR. DHANANJAYA Y CHANDRACHUD AND
M. R. SHAH, JJ.]
Service law: Armed Forces – Study leave – Extended – Grant
of pay for extended period – Entitlement – Extension of study leave
granted to respondent, a doctor in Army Medical Corps – However,
he was not granted allowances for the extended study leave period
– His request to authorities was rejected – Armed Forces Tribunal
directed Union of India to release pay and allowance for the
extended period of study leave period – Appeal by Union of India
– Held: Army Instructions 13/1978 clearly stipulate that during the
period of study leave, an officer shall draw full pay of the substantive
rank –  Clause 5(b) states that study leave will count as service for
pay, promotion and pension – If the period of study leave is extended
on a special dispensation by the President of India, there is no
justification for the Army authorities and the Union of India to deny
the benefit of pay and allowances on the same terms and conditions
as was allowed during the original period of study leave – Appellants
are directed to pay to the respondent all the outstanding dues – The
entire period of study leave to be counted for the payment of retiral
benefits.
Disposing of the appeal, the Court
HELD: There is no dispute over the fact that during the
original period of twenty four months, the Respondent was granted
his pay and allowances.  Moreover, Clause 5(b) stipulates that
study leave will count as service for pay, promotion and pension.
Eventually, Army Instructions 13 of 1978 came to be amended
on 19 May 2009 as a result of which the period of study leave for
post-graduate courses of study in Health Sciences was extended
to thirty six months.  The original period of study leave of twenty
four months was extended by twelve months in terms of the
request which was made by the respondent.  Once the period of
[2018] 14 S.C.R. 1268
1268
A
B
C
D
E
F
G
H
1269
study leave was extended on a special dispensation by the
President of India, there was no reason or justification for the
Army authorities and the Union of India to deny the respondent
the benefit of pay and allowances on the same terms and conditions
as was allowed during the original period of study leave.  The
appellants are accordingly directed to pay to the respondent all
the outstanding dues within a period of two months together with
interest at the rate of nine per cent per annum.  The entire period
of study leave shall also count for the payment of retiral benefits
and a re-computation as may be warranted shall be made within
two months. [Paras 7, 8, 11][1271-D-G; 1272-A-B]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8379
of 2014.
From the Judgment and Order dated 11.04.2012 and 17.05.2012
of the Armed Forces Tribunal, Regional Bench at Guwahati in O.A. No.
01 of 2012 & M.A. No. 12 of 2012 in O.A. No. 01 of 2012.
S. B. Upadhyay, Sr. Adv., Ms. Sunita Rani Singh, Mukesh Kumar
Maroria, Advs. for the Appellants.
Mani Bhushan Sinha, Pranab Prakash,  Gopal Singh,  Advs. for
the Respondent.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. Personnel belonging to the Armed Forces serve the nation in
challenging conditions and inhospitable terrain.  The Medical Corps attend
to the sick and the wounded.  A specialist in prosthetic surgery belonging
to the Army Medical Corps has had to pursue his tryst with justice over
a quarter of a century, denied his pay for the extended period of study
leave abroad.  Despite the sanction for the extended period by the
President of India, the Union Government has denied him his pay.  In
retirement now, he defends the judgment of the Armed Forces Tribunal
granting him the pay over the extended period of study leave.  Justice
has been delayed, inordinately delayed. That it was not denied should be
a small recompense for an officer who devoted the prime years of life in
service of the nation.
2. The Respondent, who is a doctor, joined the Army Medical
Corps as a Permanent Commissioned Officer on 27 February 1977.  He
UNION OF INDIA AND OTHERS v. COL. (TS) P. D.
POONEKAR
A
B
C
D
E
F
G
H
1270                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
completed his post graduation with an MS in Surgery and was posted to
the Artificial Limb Centre at Pune. The Centre provides sp
Excerpt shown. Read the full judgment & AI analysis in Lexace.